[Federal Register Volume 76, Number 181 (Monday, September 19, 2011)]
[Notices]
[Page 58042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23957]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation, and Liability Act

    Notice is hereby given that on September 12, 2011, a proposed 
Consent Decree in United States of America v. CDS Investment Co., et 
al., Civil Action No. 2:11-cv-5696, D.J. Ref. 90-11-3-1604/1, was 
lodged with the United States District Court for the Eastern District 
of Pennsylvania.
    In this action the United States sought reimbursement of response 
costs incurred and to be incurred in connection with the release or 
threatened release of hazardous substances at the AIW Frank/Mid-County 
Mustang Superfund Site (the ``Site'') located near Exton, West 
Whiteland Township, Chester County, Pennsylvania. The Consent Decree 
obligates the Settling Defendants to pay a total of $830,000 which the 
United States and Pennsylvania will share in reimbursement of past 
response costs each has incurred at the Sites. The United States will 
receive 75% of this amount, and Pennsylvania will receive 25%. 
Pennsylvania will file a separate complaint and consent decree in order 
to effectuate its settlement with the Settling Defendants. The 
settlement also contains provisions by which the United States would 
receive at least 65% of the proceeds of any future recovery on 
insurance policies related to business operations at the Sites.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Consent 
Decree. Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, and either e-mailed to 
[email protected] or mailed to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States of America v. CDS Investment Co., et al., Civil Action 
No. 2:11-cv-5696, D.J. Ref. 90-11-3-1604/1.
    During the public comment period, the Consent Decree may be 
examined on the following Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html, maintained by the Department of Justice. A copy of the 
Consent Decree may also be obtained by mail from the Consent Decree 
Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 
20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood 
([email protected]), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting a copy from the Consent Decree 
Library, please enclose a check in the amount of $8.50 (@ 25 cents per 
page reproduction cost) payable to the U.S. Treasury or, if by e-mail 
or fax, forward a check in that amount to the Consent Decree Library at 
the stated address.

Robert Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2011-23957 Filed 9-16-11; 8:45 am]
BILLING CODE 4410-15-P